The proposed bill aims to establish the "Judicial Accountability and Recall Act" in West Virginia, introducing a structured process for the recall of judicial officers, including justices of the Supreme Court, judges of the Intermediate Court, circuit court judges, family court judges, and magistrates. The bill outlines the grounds for initiating a recall, which can include misconduct, failure to adhere to the law, demonstrated bias, or loss of public confidence. Notably, no prior finding of misconduct is required to initiate a recall, and the sufficiency of the grounds stated in a recall petition is not subject to judicial review.

To initiate a recall, proponents must file a Notice of Intent with the Secretary of State, including the judicial officer's name, reasons for the recall, and contact information for the proponents. A petition must gather signatures from registered voters equal to 20% of the votes cast in the last election for that office, with specific timeframes for collection. If sufficient signatures are verified, a recall election will be scheduled, and a majority vote will result in the immediate removal of the judicial officer. The bill also stipulates that a recalled judge cannot hold judicial office for six years following their removal and includes provisions to ensure that the process preserves judicial independence while providing a mechanism for public accountability.

Statutes affected:
Introduced Version: 3-10A-1, 3-10A-2, 3-10A-3, 3-10A-4, 3-10A-5, 3-10A-6, 3-10A-7, 3-10A-8, 3-10A-9, 3-10A-10, 3-10A-11